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National Register of'[ listoric Places (sec 33 CI�R 330.4(1;)). When reviewing pre- cc)nstruction <br />nolilicaliorls, district cnglllect's Will CUillply With the Cln'1'C11t I)IMCClllres f()I' ad(ll'CSSlilg (lie <br />roquiromenls of Section 106 of tlic National I listoric Preservation Act. The district cnl,incci shall <br />make n reasonable and good faith effort to carry out appropriate identification ef,lorls, which may <br />include Nickground resellrch, consultation, Ural history interviews, sample f geld Illvcstil alion, <br />loud lield survey. Based on the inf`ol•mation submitted and these efforts, the distric( engineer shall <br />delel'illllle Wllctllcl' the proposed activity has the potential to cause an effect on file Ilis(oric <br />properties. Where the non- Federal applicant has identified historic properties on which (Ile, <br />activlly may have, the potential t0 cause of ects and so notified the Corps, (lie. lion - Federal <br />applicant shall not begiil the activity until notified by the district engineer either that the activity <br />has no potential to cause effects or that consultation under Section 106 of the Ni iPA has heen <br />completed. <br />(d) The district engineer will notify the prospective permittec within 45 days of receipt <br />of a complete pre- constructiOil notirication whether NIll'A. Section 106 consultation is required. <br />Section 106 consultation is not required when the Corps determines that the activity does not <br />have talc potential to cause effects oil historic properties (sec 36 Cl ,'R ti800.3(a)). If MIPA <br />section 106 consultation is required and will occur, the district cnginccr will notify the nUn- <br />Federal applicant that lie or she e cannot begin work until Scetioil 106 C011SUllatlon IS completed. I I <br />the non - Federal applicant has not heard back from the Corps within 45 days, fhe applicant must <br />still wait for notification from the Corps. <br />(C) Prospective perillittees should be aware that section I l Ok of the NI IPA (16 U.S.C. <br />1170h -2(k)) prevents the Corps fl'U111 granting a permit or other assistance to an applicant who, <br />with intent to avoid the requirements of Section 106 ol'the N1 IPA, has intentionally sil,nilicanlly <br />adversely allecled it historic property to which the permit WOUld I•ClatC, or having, 1 11, power to <br />prevcrlt it, allowed such significant adverse effect to occur, unless the Corps, aflcr consultation <br />with the Advisory Council on Historic Preservation (AC11P), (determines that circuulstailces <br />,jlistify granting such assistance despite the adverse cflcCt created Or Permitted by (lie appheallt. <br />ll CirCllmstailccs jlistify granting the assistance, the Corps is I'C(IUired to notify the AC 111) and <br />I)t'oVlde. dOCLIme Ration specifying the cirCUlllstances, the degree of damage to the integrity Of <br />idly historic pl'OpCI'tICS affCCiCCI, and pl'UpUSCCI tllltlgatl0ll. This dOClm1e11tat1On Illllsl lilchide ally <br />views obtained 11'0111 talc applicant, STIPO /T11PO, appropriate Indian tribes if the 1lndertakmg, <br />occurs on or affects historic properties on tribal lands or affects properties of' interest to those <br />tribes, aild other parties known to Have a legitimate interest in the impacts to the permitted <br />activity on historic properties. <br />21. Discovery of Previously Unknown Remains and Artifacts. Ifyou (discover any <br />previously unknown historic, CllltUral of archeological remains and artilacls while accomplishing <br />the activity authorized by this permit, you mist immediately notify the district ent inter of what <br />yoll IMVC tolilld, alld to (he Maximum extent practicable, avold CO11Sti "liC(1011 idIVOICS that May <br />iltfcct the rellmills alld artifacts Ulltil the regUired coordination has bcen completed. The dls(riel <br />engineer will initiate the Federal, Tribal art([ state coordination required to determine It tlic itcills <br />or remains warrant a recovery cl fort oi- ll' talc site is eligible for listing in the National Register of <br />l listoric Places. <br />22. Designated Critical Resource Waters. Critical resource waters include, NOAA- <br />managed marine sanctuaries and marine monuixients, and National l:stuaritle Research Reserves. <br />6 <br />